Bellino v Douglas - [2016] QDC 251

DISTRICT COURT OF QUEENSLAND

CITATION:

Bellino v Douglas & Anor [2016] QDC 251

PARTIES:

ANTONIO BELLINO TRADING AS BELLINO’S TEA HOUSE AND RAINFOREST RESTAURANT

(plaintiff)

v

HUGH WILLIAM DOUGLAS

(defendant)

and

LINDSAY TERENCE LAWRENCE TRADING AS LAWRENCE & ASSOCIATES SOLICITORS

(third party)

FILE NO/S:

1609/13

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

6 October 2016

DELIVERED AT:

Brisbane

HEARING DATE:

30 September 2016

JUDGE:

Smith DCJA

ORDER:

I make the following directions:

The third party provide to the defendant, copies of all documents referred to in the defence of the third party pursuant to r 222 of the UCPR by 11 October 2016.1.

The defendant deliver any letter pursuant to r 444 of the UCPR to the third party in respect of the defence of the third party by 17 October 2016.2.

The third party deliver any letter pursuant to r 445 of the UCPR to the defendant by 24 October 2016.3.

By 28 October 2016, the defendant file and serve:4.

any reply to the defence of the third party;a.

alternatively, any application in respect of the defence of the third party for striking out of particulars;b.

The parties complete disclosure by 7 November 2016.5.

The parties deliver any letter pursuant to r 444 of the UCPR in respect of disclosure by 14 November 2016.6.

The parties deliver any letter pursuant to r 445 of the UCPR in respect of disclosure by 21 November 2016.7.

The parties file and serve any application in respect of disclosure by 28 November 2016.8.

The parties deliver any expert reports to be relied on, on or before 3 February 2017.9.

The parties participate in a mediation to be held on or before 3 March 2017, the cost to be borne equally the parties (unless otherwise agreed.) 10.

In the event that the matter does not resolve at mediation, the parties must sign and file a request for trial date by 10 March 2017. 11.

I direct that the parties file and serve their submissions relating to the question of costs (if any) by 5.00pm on 11 October 2016.The submissions of each party is not to exceed 3 pages. 12.

Liberty to apply.13.

CATCHWORDS:

PRACTICE AND PROCEDURE- Whether order for directions should be made

Uniform Civil Procedure Rules 1999 (Q) rr 5, 196, 366, 367, 467

Harris and Anor v Australand and Anor [2010] QSC 385

COUNSEL:

Mr C Upton for the plaintiff

Mr L Jurth for the defendant

Solicitors for the third party

SOLICITORS:

PPCS Lawyers for the plaintiff

Londy Lawyers for the defendant

Barry & Nilsson for the third party

Introduction

This was an application by the plaintiff for the court to order that the defendant’s requirement to sign the request for trial date be dispensed with pursuant to r 469 of the Uniform Civil Procedure Rules 1999 (Q).[1] This application was abandoned and in lieu thereof an order for directions was sought. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] QDC 251
Decision Date: 6 October 2016

CaseChat Overview and Summary

The case of Bellino v Douglas involved an application for directions in the context of ongoing litigation. The parties to the dispute were Bellino, the plaintiff, and Douglas, the defendant, with an additional third party involved in the proceedings. The court was asked to make an order for directions to manage the litigation process and ensure that the case progresses in an orderly and timely manner. The application for directions was brought under the Uniform Civil Procedure Rules 1999 (Q) and dealt with procedural matters, including document disclosure, discovery, and the exchange of expert reports.

The legal issues before the court centred on the appropriate management of the litigation process, specifically regarding the timelines for the exchange of documents, the delivery of correspondence, the completion of disclosure, and the scheduling of a mediation and potential trial date. The court had to consider the principles of procedural fairness and the efficiency of the judicial process, as well as the specific provisions of the Uniform Civil Procedure Rules that applied to the case.

In determining the directions to be made, the court considered the need for an orderly and timely resolution of the proceedings. The court emphasised the importance of adhering to the deadlines set out in the rules and the necessity of ensuring that all parties were aware of their obligations. The court also noted the benefits of mediation as a means of resolving disputes and encouraged the parties to participate in this process. The court issued detailed directions, including specific deadlines for the exchange of documents, the completion of disclosure, and the scheduling of a mediation and potential trial date. The court also directed that submissions on costs be limited in length and filed by a specified date.

The court made a comprehensive order for directions, setting out specific timelines for the exchange of documents, the completion of disclosure, and the scheduling of mediation and a potential trial date. The court also directed that submissions on costs be limited in length and filed by a specified date. The court emphasised the importance of adhering to the directions and the deadlines set out in the order.

Orders

Orders of the court

I make the following directions:

The third party provide to the defendant, copies of all documents referred to in the defence of the third party pursuant to r 222 of the UCPR by 11 October 2016.1.

The defendant deliver any letter pursuant to r 444 of the UCPR to the third party in respect of the defence of the third party by 17 October 2016.2.

The third party deliver any letter pursuant to r 445 of the UCPR to the defendant by 24 October 2016.3.

By 28 October 2016, the defendant file and serve:4.

any reply to the defence of the third party;a.

alternatively, any application in respect of the defence of the third party for striking out of particulars;b.

The parties complete disclosure by 7 November 2016.5.

The parties deliver any letter pursuant to r 444 of the UCPR in respect of disclosure by 14 November 2016.6.

The parties deliver any letter pursuant to r 445 of the UCPR in respect of disclosure by 21 November 2016.7.

The parties file and serve any application in respect of disclosure by 28 November 2016.8.

The parties deliver any expert reports to be relied on, on or before 3 February 2017.9.

The parties participate in a mediation to be held on or before 3 March 2017, the cost to be borne equally the parties (unless otherwise agreed.) 10.

In the event that the matter does not resolve at mediation, the parties must sign and file a request for trial date by 10 March 2017. 11.

I direct that the parties file and serve their submissions relating to the question of costs (if any) by 5.00pm on 11 October 2016.The submissions of each party is not to exceed 3 pages. 12.

Liberty to apply.13.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Bellino v Douglas & Anor [2016] QDC 251
PARTIES:	ANTONIO BELLINO TRADING AS BELLINO’S TEA HOUSE AND RAINFOREST RESTAURANT (plaintiff) v HUGH WILLIAM DOUGLAS (defendant) and LINDSAY TERENCE LAWRENCE TRADING AS LAWRENCE & ASSOCIATES SOLICITORS (third party)
FILE NO/S:	1609/13
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	6 October 2016
DELIVERED AT:	Brisbane
HEARING DATE:	30 September 2016
JUDGE:	Smith DCJA
ORDER:	I make the following directions: *The third party provide to the defendant, copies of all documents referred to in the defence of the third party pursuant to r 222 of the UCPR* by 11 October 2016.1. The defendant deliver any letter pursuant to r 444 of the UCPR to the third party in respect of the defence of the third party by 17 October 2016.2. The third party deliver any letter pursuant to r 445 of the UCPR to the defendant by 24 October 2016.3. By 28 October 2016, the defendant file and serve:4. any reply to the defence of the third party;a. alternatively, any application in respect of the defence of the third party for striking out of particulars;b. The parties complete disclosure by 7 November 2016.5. The parties deliver any letter pursuant to r 444 of the UCPR in respect of disclosure by 14 November 2016.6. The parties deliver any letter pursuant to r 445 of the UCPR in respect of disclosure by 21 November 2016.7. The parties file and serve any application in respect of disclosure by 28 November 2016.8. The parties deliver any expert reports to be relied on, on or before 3 February 2017.9. The parties participate in a mediation to be held on or before 3 March 2017, the cost to be borne equally the parties (unless otherwise agreed.) 10. In the event that the matter does not resolve at mediation, the parties must sign and file a request for trial date by 10 March 2017. 11. I direct that the parties file and serve their submissions relating to the question of costs (if any) by 5.00pm on 11 October 2016.The submissions of each party is not to exceed 3 pages. 12. Liberty to apply.**13.
CATCHWORDS:	PRACTICE AND PROCEDURE- Whether order for directions should be made Uniform Civil Procedure Rules 1999 (Q) rr 5, 196, 366, 367, 467 Harris and Anor v Australand and Anor [2010] QSC 385
COUNSEL:	Mr C Upton for the plaintiff Mr L Jurth for the defendant Solicitors for the third party
SOLICITORS:	PPCS Lawyers for the plaintiff Londy Lawyers for the defendant Barry & Nilsson for the third party